DUI Law | Criminal Defense Law

DUI Law | Criminal Defense Law

CRIMINAL JUSTICE SYSTEM 

In the Criminal Justice System, there are three category of offenses: 

1. Infractions: Typically no jail time, and only pay a fine. 

2. Misdemeanors:   A misdemeanor offense is considered as a crime. A crime more severe than Infractions. If you are charged with a misdemeanor offense, you are facing up to 1 year in county jail that may include fines and penalties. Misdemeanor offenses typically cannot have you sent to prison. All misdemeanor charges are governed by Penal Code  4019, which means that all jail sentence you are required to serve, will be at 50%. 

3. Felonies: Felonies are much more serious than misdemeanor. For felonies, the general rule is if you are charged with a felony, you could be sentenced to State Prison. The general rule is if you are sentenced to State Prison the minimum time for custody for a felony charge is 16 months, 2 years or 3 years in State Prison. It can usually be difficult to determine which crimes are generally felonies. Contacting a Criminal Defense Lawyer to talk about your case can always help 


COMMON CALIFORNIA VEHICLE CODE (CVC) CRIMES

DRIVING UNDER THE INFLUENCE (DUI): CVC 23152 

You can be found guilty of DUI if you are found to be driving a vehicle under the influence of alcohol, drugs or both.You can also be found guilty if you are driving a vehicle with a Blood Alcohol Content (BAC) of .08% or higher. The California Vehicle Code sections are usually 23152. 

If you are arrested for a DUI, you have ten days from the date of your arrest to contact the Department of Motor Vehicle (DMV) to request a DMV Hearing. If you fail to do so, then your license will be suspended after thirty days automatically.  The DMV Hearing simply focuses on whether you were driving a vehicle, whether the police had a lawful reason to stop your vehicle, and whether your BAC is .08 or higher. 

However, do not let a DUI get you down. There are defenses that area available to defend your case. At Shaw 3 Law Firm, we can evaluate if the police officer had a good basis to "stop" you. The police officer must be able to articulate and specify the reason for the traffic stop. This matters because if the police officers did not have a valid reason to stop your vehicle, your entire case can be thrown out for a violation of your Federal and State constitutional rights for unreasonable searches and seizures. We can also evaluate if the police officer had a good basis to investigate you. 

In California, if there is an incident where police made an illegal or unlawful stop of you, or unlawful arrest,  then under PC 1538.5, you can move to suppress any evidence that came after the illegal conduct. This means any admissions you made that you were drinking, the Breath or blood test you took, which would, in turn, win you your case. Shaw 3 Law Firm has handled hundreds of DUI cases to spot the relevant issues to successfully defend your case.

RECKLESS DRIVING: CVC 23103

For person to be convicted of violating CVC 23103, the prosecution/DA must prove the following: 

1. You Drove a vehicle on a highway/street/ in an off-street parking facility); AND

2. You intentionally drove with wanton disregard for the safety of persons or property. 

An example of this could be doing donuts, burnouts, speeding, driving too fast in the rain, swerving/changing lanes quickly, tailgating other drivers, and others. 

However, you can fight the case. Depending on the facts of the case, a dismissal may be likely. A common defense to reckless driving could be something called a “necessity” type of situation. By that, it means you could be driving your pregnant wife to the hospital because she is giving birth. Another example could be that you are driving your injured friend to the hospital because they received a stab or gunshot wound. Either circumstance here shows a valid defense of Necessity for this charge.

Shaw 3 Law Firm has handled hundreds of Reckless Driving cases, depending on the facts, where most lead to it being dismissed. We can help spot the relevant issues to successfully defend your case.

HIT AND RUN LAW (CVC 20001/CVC 20002): 

For a person to be convicted of a violation of VC 20001(a), the prosecution must prove the following:

  1. While driving, you were involved in an accident;
  2. The accident caused the death of/permanent, serious injury to someone else;
  3. You knew you either had been involved in an accident that injured another person or knew from the nature of the accident that it was probable that another person was likely injured; AND
  4. You willfully failed to perform one or more of the following duties:
  • (a) To immediately stop at the scene of the accident;
  • (b) To provide reasonable assistance to any person injured in the accident;
  • (c) To give to the driver or occupants of any vehicle collided with or any police officer at the scene of the accident all of the following information:
    • The defendant’s name and current residence address; AND
    • The registration number of the vehicle you were driving; AND
    • The name and current residence address of the owner of the vehicle if you are not the owner; AND
    • The names and current residence addresses of any occupants of your vehicle who were injured in the accident; AND
    • When requested, to show your driver’s license to the driver or occupants of any vehicle that collided with or any police officer at the scene of the accident; AND
    • You must, without unnecessary delay, notify either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.

For a person to be convicted of a violation of VC 20002(a), the prosecution must prove the following:

  1. While driving, you were involved in an accident;
  2. The accident caused damage to someone else’s property;
  3. You knew you either had been involved in an accident that caused property damage or knew from the nature of the accident that it was probable that property had been damaged; AND
  4. You willfully failed to perform one or more of the following duties:
  • (a) To immediately stop at the scene of the accident; OR
  • (b) To immediately provide the owner or person in control of the damaged property with their name and current residence address and the name and address of the owner of the vehicle you were driving. The driver of a vehicle may provide the required information in one of two ways:
  1. The driver may locate the owner or person in control of the damaged property and give that person the information directly. On request, the driver must also show that person their driver’s license and the vehicle registration; OR
  2. The driver may leave the required information in a written note in a conspicuous place on the vehicle or other damaged property. The driver must then also, without unnecessary delay, notify either the police department of the city where the accident happened or the local headquarters of the California Highway Patrol if the accident happened in an unincorporated area.

What is important here is your knowledge. If you hit a parked car in a parking lot, but do not know you did, and based on the nature of your driving, would not have assumed you did, you could not be convicted of the crime. Likewise, if you are unsure that you hit another vehicle causing that personal injury, you could not be convicted. However, if you are speeding on the freeway, and cut across several lanes of traffic, and think you may have nicked another driver’s car, but are not sure, then the nature of your reckless driving would likely have caused some kind of property damage or injury to the other driver’s car.

Shaw 3 Law Firm has handled hundreds of Hit and Run cases. We can help spot the relevant issues to successfully defend your case.

CALIFORNIA VEHICLE CODE 12500/14601.1(a)/14601.2(a): DRIVING AS AN UNLICENSED DRIVER AND/OR DRIVING WITH SUSPENDED DRIVING LICENSE

Under CVC 14601(a): No person shall drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for reckless driving. 

For a person to be convicted under CVC 14601(a)/14601.1(a)/14601.2(a), the prosecution must prove the following:

  1. You drove a motor vehicle while your driving privilege was suspended/ revoked; AND
  2. When you drove, you knew that your driving privilege was suspended/revoked.

The prosecution usually must show you had knowledge of the suspension by proof that the California Department of Motor Vehicles (DMV) mailed a notice to you telling you that your driving privilege had been suspended/ revoked. The must also prove that the notice was sent to your most recent address reported to the DMV. The prosecutor also must show proof that the notice was not returned to the department as undeliverable or unclaimed.

A license can be suspended for several reasons such as but not limited to too many points for too many point violations within a year (the limit is 4 points in a year), too many unpaid parking tickets, failure to appear, unpaid child support payments, and others. 

If you are convicted of driving on a suspended license it is usually only a misdemeanor crime in California.  You could be sentenced to County Jail for upwards of 180 days. You would be required to serve 50% of that time. In addition, you would likely receive two more points on your license. 

Other relevant violations under this section

1. VC 12500: Unlicensed Driver

A person may not drive a motor vehicle on a highway unless the person then holds a valid driver’s license

If you are convicted of this crime, you can be charged as an Infraction or Misdemeanor, depending on certain factors as well as your criminal background. If you are convicted of this charge as a Misdemeanor, you could be sentenced to County Jail for up to 180 days. You would be required to serve 50% of that sentence. If convicted of this as an infraction, you would only be required to pay fines. This is commonly referred to as the reduction of VC 14601.1(a).

2. VC 14601.2(a)

A person shall not drive a motor vehicle at any time when that person’s driving privilege is suspended or revoked for a conviction of a violation of Section 23152 or 23153 if the person so driving has knowledge of the suspension or revocation.

Shaw 3 Law Firm has handled hundreds of these type of cases. We can help spot the relevant issues to successfully defend your case. 

If you have other vehicle related crimes, then please do not hesitate to reach out to Shaw 3 Law Firm to talk about your case. 

COMMON FINANCIAL AND/OR THEFT CRIMES 

SHOPLIFTING LAW: PC 459.5: 

Shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). 

To convict you of this crime, the prosecution must show prove: 

1. You entered a commercial establishment;

2. When you entered the commercial establishment, it was open during regular business hours; AND

3. When you entered the commercial establishment, you intended to commit theft.

To intend to steal from the establishment, it must be shown that you intended to deprive the owner of it permanently/to remove it from the owner’s or owner’s agent’s possession for so extended a period of time that the owner would be deprived of a major portion of the value or enjoyment of the property. This can be hard for the prosecution because usually a statement is usually their strongest evidence. Therefore, if you do not enter a commercial establishment with the intent to steal, you cannot be found guilty of Shoplifting. 

Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have handled several hundreds of these cases. 

PETTY THEFT LAWS: PC 484-488/490.1

Petty Theft is defined as: You took property or money from another person or business with the intent to never return the property or money. The value of the property must be $950 or less to be Petty Theft.

As example of this would be shoplifting from a store, going into a store with
empty plastic bags, filling them with items, and either leaving the store with
those items or attempting to return items you never bought. You must also do this without the consent of the owner item. Property can be any tangible item like clothing, books, cells phones, or even money. 

Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have handled several hundreds of these cases.

GRAND THEFT: PC 487

Grand Theft is usually defined as the unlawful taking of the property of another when the value of the taken property exceeds $950 dollars.  However, you may be charged with Grand Theft – regardless of the value of the property taken – if the property taken is a firearm or an automobile, or if the property is taken from somebody’s person (E.g., pickpocketing).

The prosecutor must prove beyond a reasonable doubt each of the following:

  1. You took possession of property that belonged to somebody else;
  2. You did so without the owner’s consent;
  3. When you took possession of the property, you did so with the intent to keep the property permanently, or for such an extended period of time that the owner would be deprived of a major portion of the value or enjoyment of the property;
  4. You moved the property, no matter how little you moved it, or for how long you had possession of it;
  5. a) The property of the value was more than $950.00, or b) the property taken was a firearm or c) the property taken was an automobile, or d) the property taken was on the body of/in the clothing of/in a container held by that person.

The value of the property, formally known as “fair market value”, is the highest price the property would be reasonably sold for in the open market at the time, and in the general location of, the theft.

Grand theft consists of stealing money/property worth more than $950, or a firearm, or a vehicle, or of stealing property from somebody’s person.  “Stealing” means taking the property without the owner’s consent, with the intent to keep it permanently (or for a prolonged period of time), and moving the property, no matter the distance or the time.

The value of the property is the highest price a reasonable person would have paid for the property at the time and place the property was taken.

Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have defended several hundreds of these cases. 

CALIFORNIA PENAL CODE 503/504: EMBEZZLEMENT: 

Embezzlement is the fraudulent appropriation of property by a person to whom it has been entrusted.

For a person to be convicted of a violation of PC 503, the prosecution must prove the following:

1. An owner or the owner’s agent entrusted their property to you;

2. The owner or owner’s agent did so because they trusted you;

3. You then fraudulently converted/used that property for your own benefit

AND

4. When you converted/used the property, you intended to deprive the owner of its use.

A common example is a cashier at a grocery store, who, every time she makes a transaction within the cash register, takes out $20, and leaves it next to her, to take it. She’s entrusted to ring up items, but instead, steals the money that should be put into the cash register.

Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have defended several hundreds of these cases. 

If you have any other financial/theft crimes Shaw 3 Law Firm can assist you with that. 

COMMON OTHER GENERAL CRIMES WE HANDLE 

ANIMAL CRUELTY: PC 597: 

The prosecution must prove the following:

1. You maimed/mutilated/tortured/wounded/killed a living animal;AND

2. You acted maliciously.

Someone acts maliciously when he or she intentionally does a wrongful act or when he or she acts with the unlawful intent to disturb, annoy, or injure an animal.There are several common ways you can be found guilty of this charge using the above elements:

  • You place animals in small kennels for long periods of time or with other animals in the same kennel without sufficient room to move for long periods of time (PC 597(a) & PC 597f)
  • You deprive the animals of food, water, or proper shelter for a very long period of time (PC 597f).
  • You work with an animal, such as a horse or a dog, for a long period of time without proper rest for that animal (PC 597(b))
  • You inflict an unreasonable amount of physical pain on an animal (PC 597(a) & PC 597(b))
  • You have your animals engage in fighting, such as dog or cockfighting (Think Michael Vick) (PC 597j(a) & PC 597(b))
  • You kill or maim an animal on purpose and without any legal justification for doing so (PC 597(a))
  • You leave an animal unattended in your vehicle (PC 597.7(a) & PC 597f)

Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have defended several hundreds of these cases.

VANDALISM (PC 594):

The prosecution must prove the following:

  1. You maliciously defaced with graffiti or with other inscribed material/ damaged/destroyed real/ personal property; AND
  2. You did not own the property/owned the property with someone else; AND
  3. The amount of damage caused by the vandalism was $400 or more. (PC 594(b)(1))

An example of vandalism would be intentionally damaging someone car's window. 

Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have defended several hundreds of these cases. 

DRUNK IN PUBLIC: PC 647(f): 

The prosecution must prove the following:

1. You were willfully under the influence of alcohol/a drug/a controlled substance/toluene;

2. When you were under the influence, you were in a public place;

AND

3a. You were unable to exercise care for your own safety or the safety of others;

OR

3b. Because you were under the influence, you interfered with, obstructed, or prevented the free use of a street, sidewalk, or another public way.

You have to be so intoxicated, that you are not able to walk, talk, or do anything, such as care for yourself. In other words, you need someone to help you function. The other and less common part of this is being so intoxicated that you block some public street or walkway, which generally can only happen if you are passed out on the ground in public. Being in public is crucial too, simply because you cannot get drunk in public for passing out at home, you need to be in public. A public place means a place that is open and accessible to anyone who wishes to go there, not including a person’s home.

However, this case can be successfully defended. Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have defended several hundreds of these cases. 

BATTERY: PC 242: 

California Penal Code defines the crime of battery as the willful and unlawful use of force or violence on another person, even if it does not cause injury or actual pain. 

To be convicted of this crime, the prosecutor must prove: 

     1. You touched someone else

     2. You touched someone else willfully, 

     3. The touching was in a harmful or offensive manner. 

Shaw 3 Law Firm is very experienced and a trustworthy Criminal Defense Firm handling these cases. We have defended several hundreds of these cases leading to favorable results for the client. 

If you are accused of any other crimes besides the above, Shaw 3 Law is happy to speak to you about your case. 


If you are charged with a criminal case, then it is very important that you get the right CA Defense Attorney on your side to advocate for your aggressively.